Common use of Staff Clause in Contracts

Staff. Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled and experienced in the duties required of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 of this Schedule 2. In addition to the requirements of Clause 27.7 to Clause 27.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 to Clause 27.11 of this Schedule 2 have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, the Supplier shall notify the Customer of any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. Staff.. 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 5.5 The Supplier shall: : 5.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; ; 5.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 5.5.3 ensure all Staff have the qualifications to carry out their duties; ; 5.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and and 5.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the AuthorityCustomer’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. Customer. 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 5.7.1 are questioned concerning their Convictions; and and 5.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the AuthorityCustomer’s prior written consent if: : 5.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; ; 5.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or or 5.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. . 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 5.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 5.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 5.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority Customer is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the AuthorityCustomer’s written consent and with such safeguards being put in place as the Authority Customer may reasonably request. Should the Authority Customer withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority Customer any information that the Authority Customer reasonably requests to enable the Authority Customer to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 5.13 The Authority Customer may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority Customer will act reasonably in making such a request. Prior to making any such request the Authority Customer shall raise with the Supplier the AuthorityCustomer’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority Customer shall be under no obligation to have such prior discussion should the Authority Customer have concerns regarding patient or service user safety.

Staff. Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled and experienced in the duties required of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.6.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.6.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.6.2 of this Schedule 2. In addition to the requirements of Clause 27.7 5.6 to Clause 27.9 5.8 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.6 to Clause 27.11 5.10 of this Schedule 2 have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. . 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 5.5 The Supplier shall: : 5.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; ; 5.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 5.5.3 ensure all Staff have the qualifications to carry out their duties; ; 5.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and and 5.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. . 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 5.7.1 are questioned concerning their Convictions; and and 5.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: : 5.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; ; 5.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or or 5.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. . 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 5.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 5.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 5.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 5.13 The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled and experienced in the duties required of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document Document, the Order Form or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. . 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 5.5 The Supplier shall: : 5.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; ; 5.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 5.5.3 ensure all Staff have the qualifications to carry out their duties; ; 5.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and ; 5.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. ; and 5.5.6 comply with the Authority’s staff vetting procedures and other staff protocols, as may be relevant to this Contract and which are notified to the Supplier by the Authority in writing. 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. . 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 5.7.1 are questioned concerning their Convictions; and and 5.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: : 5.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; 2 of these Call-off Terms and Conditions; 5.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 22 of these Call-off Terms and Conditions; or or 5.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. 2 of these Call-off Terms and Conditions. 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 22 of these Call-off Terms and Conditions, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 5.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 5.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 5.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 of these Call-off Terms and Conditions have been met. . 5.13 The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. Subject 2.4.1 All Staff shall possess the qualifications and competence appropriate to the requirements of tasks for which they are employed. 2.4.2 Each party to this Contract and any Lawundertakes not to attempt to solicit or procure the services of staff employed by the other party on this Programme or its associated Projects during this Contract or within six months of the completion of the Contract or earlier termination thereof without written permission. 2.4.3 The Contractor shall provide, at all times the Supplier shall be entirely responsible for number of Staff required to fulfil his obligations under the employment and conditions Contract. 2.4.4 The Parties have agreed to the appointment of service of Staffthe Key Personnel. The Supplier Contractor shall ensure and shall procure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, any sub-contractor shall obtain the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision prior written consent of the Services andAuthority before removing or replacing any Key Personnel during the Contract Period, where any member and written notice must be provided by the Contractor of Staff is designated as key its intention to replace Key Personnel within a minimum of three (3) Working Days of the Contractor becoming aware that the Key Personnel will be unable to continue to contribute to the provision of the Services as set out (for any reason whatsoever). 2.4.5 The Authority shall not unreasonably delay or withhold its consent to the appointment of a replacement for any relevant Key Personnel by the Contractor or sub-contractor. The Authority may interview the candidates for Key Personnel positions before they are appointed. 2.4.6 The Contractor acknowledges that the Key Personnel are essential to the proper provision of the Services agreed in the Specification and Tender Response Document or as otherwise agreed writing between the Parties in writingParties, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier Contractor shall ensure that all Staff are aware of, the role of any Key Personnel is not vacant for any longer then three (3) Working Days and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled that any replacement shall be as or more qualified and experienced in as the duties required of them; ensure that every member of Staff is properly previous incumbent and sufficiently trained and instructed; ensure all Staff have the qualifications fully competent to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at tasks assigned to the Supplier’s expense) in respect Key Personnel whom he has replaced. 2.4.7 The Contractor shall ensure that each of the Staff; Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that persons role unless the Authority otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory obligations, the Contractor shall take all reasonable steps to ensure that it retains the services of all Staff comply the Key Personnel. 2.4.8 The Authority may identify any of the Contractor personnel as Key Personnel, who will then be included on the list of Key Personnel by the Contractor. 2.4.9 The Authority may also require the Contractor to remove any Key Personnel that the Authority considers in any respect unsatisfactory. The Authority shall not be liable for the cost of replacing any Key Personnel. 2.4.10 The Contractor shall use its best endeavours to ensure that the Key Personnel are contactable during Working Hours. 2.4.11 Subject to Clause 2.4.9, the Contractor shall provide the Authority with a replacement to cover any periods of planned or unplanned absence of the Key Personnel. 2.4.12 If any of the Key Personnel shall be prevented by illness or injury from performing the Services, the Contractor shall report the fact to the Authority in accordance with the Authority‟s policy in relation to such registration, continuing professional development and training requirements or recommendations appropriate absence as notified to their role including those the Contractor by the Authority from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy and, in the provision case of an absence of uncertain duration, shall keep the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety Authority informed of the Authority’s staff, patients, service users or visitors at risk unless its expected duration. Unless otherwise agreed in writing between the Parties, if the absence through illness or injury continues for more than five (5) consecutive days, the Contractor shall provide the Authority with a replacement for the Authority. period of service. 2.4.13 The Supplier shall ensure Parties agree that all potential Staff or persons performing any costs of the Services during the Term who may reasonably be expected a change in the course of performing any of the Services Key Personnel under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 of this Schedule 2. In addition to the requirements of Clause 27.7 to Clause 27.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 to Clause 27.11 of this Schedule 2 have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.Clause

Staff. 4.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 4.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 4.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. Services. 4.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 4.5 The Supplier shall: : 4.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; ; 4.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 4.5.3 ensure all Staff have the qualifications to carry out their duties; ; 4.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and and 4.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 4.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. . 4.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 4.7.1 are questioned concerning their Convictions; and and 4.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 4.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 4.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: : 4.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; ; 4.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or or 4.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. . 4.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 4.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 4.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 4.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 4.11 The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 4.12 The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 4.13 The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the AuthorityTrust, such approval not to be unreasonably withheld or delayed. . 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 5.5 The Supplier shall: : (a) employ only those Staff who are careful, skilled and experienced in the duties required of them; ; (b) ensure that every member of Staff is properly and sufficiently trained and instructed; ; (c) ensure all Staff have the qualifications to carry out their duties; ; (d) maintain throughout the Term all appropriate licences licenses and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and and (e) ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the AuthorityTrust’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. Trust. 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : (a) are questioned concerning their Convictions; and and (b) obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the AuthorityTrust’s prior written consent if: : (a) the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7(a) of this Schedule 2; ; (b) the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7(b) of this Schedule 2; or or (c) the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7(b) of this Schedule 2. . 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : (a) warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; (b) warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and (c) shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority Trust is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the AuthorityTrust’s written consent and with such safeguards being put in place as the Authority Trust may reasonably request. Should the Authority Trust withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority Trust any information that the Authority Trust reasonably requests to enable the Authority Trust to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 5.13 The Authority Trust may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority Trust will act reasonably in making such a request. Prior to making any such request the Authority Trust shall raise with the Supplier the AuthorityTrust’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority Trust shall be under no obligation to have such prior discussion should the Authority Trust have concerns regarding patient or service user safety.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. . 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. . 5.5 The Supplier shall: : 5.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; ; 5.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 5.5.3 ensure all Staff have the qualifications to carry out their duties; ; 5.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and and 5.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety THHNHSFT Terms and Conditions for the Provision of Services (Contract Version) (August 2013) Page 20 of 87 of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. . 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 5.7.1 are questioned concerning their Convictions; and and 5.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: : 5.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; ; 5.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or or 5.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. . 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 5.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 5.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 5.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the THHNHSFT Terms and Conditions for the Provision of Services (Contract Version) (August 2013) Page 21 of 87 Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 5.13 The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. Subject (A) The Supplier shall employ, at all time, a sufficient number of Staff to fulfil its obligations under the Contract. All staff shall possess the qualifications and competence appropriate to the requirements of this Contract tasks for which they are employed. If and any Lawwhen so directed in writing by the Authority, the Supplier shall within 7 Days provide details of the qualifications and competence of any person employed or proposed to be entirely responsible for employed by the employment Supplier in connection with the Contract and conditions shall provide a copy of service any certificate or qualification or competence that has been issued in respect of Staff. any such person. (B) The Supplier shall ensure provide the services of the Key Staff specified in the Appendix to the extent that such conditions their services are necessary for the performance by the Supplier of employment are consistent with its obligations under this the Contract. The Supplier Some of the said personnel shall be provided only when the Authority issues an Order which will employ sufficient contain the requirements by which such Key Staff are to ensure that it complies with its obligations under this Contract. This will include, but provide certain services and: (1) Such Key Staff shall not be limited toremoved from the performance of the Contract with out the consent of the Authority’s Representative. (2) Whenever, for any reason, the Key Staff are unavailable for the performance of the Contract, the Supplier providing a sufficient reserve of trained and competent Staff shall as soon as reasonably practicable substitute suitably qualified replacements acceptable to provide the Services during Staff holidays or absence. Authority’s Representative. (3) The Supplier shall use reasonable endeavours not substitute alternative or replacement Key Staff to ensure the continuity of all Staff those specified in the provision of Appendix without having first obtained the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. ’s Representative. (C) The Supplier shall ensure that all Staff are aware ofpromptly inform and keep informed the Authority’s Representative in writing of any industrial relations problems, and at all times comply withor other matters relating to Staff, which may affect the Policies. performance of the Contract. (D) The Supplier shall: shall not employ only those Staff who are carefulany person where the Supplier knows, skilled and experienced or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in the duties required any unlawful procurement of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations Social Security benefits or tax exemptions in connection with any relevant bodies (at his employment by the Supplier’s expense) in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy make, facilitate or participate in the provision procurement of the Services any unlawful payments to any person who has suffered fromemployed by the Supplier, has signs ofwhether in the nature of Social Security fraud, is under treatment for, evasion of tax or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. otherwise. (E) The Supplier shall ensure that all potential Staff or prepare and maintain such records as the Authority may from time to time require in respect of persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 of this Schedule 2. In addition to the requirements of Clause 27.7 to Clause 27.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision performance of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. Contract. (F) The Supplier shall ensure that within 7 Days of being requested in writing by the Authority is kept advised at all times of any member of Staff whoprovide the names, subsequent to their commencement addresses and National Insurance numbers, periods of employment as a member and tax exemption certificates of Staff receives a Conviction or whose previous Convictions become known to all persons employed by the Supplier or whose conduct or records indicate in the performance of the Contract. (G) Unless the Appendix indicates that they are this Clause 3.2(G) does not suitable to carry out any regulated activities as defined apply, neither party shall enter into negotiations with personnel employed by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patientsother party, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member intention of Staff employing them, until a period of 6 Months has elapsed from the provision completion of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 to Clause 27.11 of this Schedule 2 have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safetyContract.

Staff. Subject The Provider shall ensure that the Staff shall be sufficient in number, be properly and suitably qualified, competent, skilled, honest, instructed, trained, experienced and supervised and shall at all times exercise due care in the execution of their duties as well as: comply with the relevant provisions of the Contract; comply with all relevant Law, policies, codes, rules, procedures and standards of the Provider and all relevant rules, codes, policies, procedures and standards of the Council, notified to the Provider by the Contract Manager from time to time; and enable the Provider to perform its obligations under the Contract during periods of absence of staff due to sickness, parental leave, holidays, training or otherwise; and comply with the rules, regulatory and statutory requirements in relation to health and safety at work. The Provider shall be liable for any acts, omissions or defaults of its Staff howsoever arising in connection with the Services. If and when directed by the Council, the Provider shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with this Contract to any of the Council’s Premises, specifying the capacities in which they are concerned with this Contract and giving such other particulars as the Council may reasonably desire. The Council reserves the right under this Contract to refuse to admit, or withdraw permission to remain on the Council’s Premises any Staff member whose admission or continued presence would be, in the reasonable opinion of the Council, undesirable. The Provider shall be responsible for the safekeeping of any keys, passes and other means of access provided to the Provider by the Council for entry to any Council Premises and shall only permit such keys, passes and other means of access to be used in accordance with the Contract Manager’s instructions and then only to the extent required for the purposes of providing the Services. The Provider shall ensure that the Contract Manager is informed as soon as reasonably practicable of the loss of any keys, passes and other means of access to or around the Council’s Premises and shall reimburse to the Council any cost of replacement and/or any reasonable security measures implemented as a direct or indirect result of such loss. The Provider shall at all times during the Contract Period provide sufficient supervisory Staff to ensure that Staff are adequately supervised and able to perform their duties to the Contract Standard. The Provider shall give the maximum possible advance warning of prospective industrial action and/or industrial dispute by its Staff likely to affect the performance of this Contract and shall take all reasonable steps to mitigate any Lawimpact on the Services. For the avoidance of doubt, industrial action by Staff shall not relieve the Supplier shall be entirely responsible for Provider of the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff obligation to provide the Services during Staff holidays or absenceto the Contract Standard. The Supplier Provider shall use not (and shall take all reasonable endeavours steps to ensure that no member of Staff shall not) in any circumstances solicit or accept gratuity, tips or any other form of money taking or reward, from any person in connection with the continuity provision of all or any part of the Services other than pursuant to the terms of the Contract. The commission of any act prohibited by Clause 8.9 by the Provider or any member of Staff will be regarded by the Council as a matter of serious misconduct and, without prejudice to any of the Council’s other rights under this Contract or at law: the Council shall be entitled in respect of the commission of any such act by a member of Staff to require the removal forthwith from the provision of the Services and, where any such member or members of Staff is designated as key to and the provision of Provider shall comply with this requirement; and the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier Council shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled and experienced in the duties required of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) entitled in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued commission of any act by the Department Provider to terminate this Contract forthwith or on such period of Health or notice as the Council may decide. For the avoidance of doubt, Clause 8.10.1 shall operate without prejudice to any relevant regulatory body or any industry body in relation rights the Council may have under Clause 37 to such Staffterminate this Contract. The Supplier Provider shall carry out appropriate pre-employment checks, prior to the appointment of an individual in connection with the Services, (including but not deploy limited to references, medical clearance, proof of right to work in the provision UK, professional registration/qualifications and the issuing of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health a satisfactory Disclosure and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from Barring Certificate by the Disclosure and Barring Service Service, where relevant). Prior to making any offer of employment, the Provider shall carry out a risk assessment in a form equal to or exceeding the risk assessment forms in accordance with current Government Standards in relation to any non-UK citizen and any UK citizen who requires a Criminal Records Check and who has lived abroad for six (6) months or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons more in the provision of five (5) year period prior to being considered for appointment in connection with the Services. The Supplier Provider shall take obtain consent prior to the commencement of any work by any Staff member employed to work in connection with this Contract, to carry out all necessary steps checks under Clause 8.12 and shall obtain consent of the Staff member to ensure provide evidence upon the request of the Council that such potential staff checks have been carried out. Without affecting the Provider’s rights and obligations as an employer, the Council or persons obtain standard the Contract Manager may, to the extent reasonably necessary to protect the standards and enhanced disclosures reputation of the Council and following consultation with the Provider, request the Provider to remove from the Disclosure and Barring Service (Services or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining relevant part of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no it any person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 of this Schedule 2; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 of this Schedule 2; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 of this Schedule 2. In addition to the requirements of Clause 27.7 to Clause 27.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance (including the Provider’s Authorised Representative) and the Provider shall forthwith comply with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other personsuch request. The Supplier Council shall not in any circumstances be liable to any such person or member of Staff or to the Provider in relation to any such removal, and the Provider shall fully and promptly indemnify the Council in respect of any claims brought by any such person or member of Staff arising from it. The Provider through monitoring of its compliance with this Clause 8 shall ensure that the Authority Council is kept advised at all times of any Staff member of Staff who, subsequent to their his/her commencement of and during employment as a member of Staff receives a Conviction member, commits any criminal act whatsoever or whose previous Convictions convictions become known to the Supplier Provider or whose conduct commits any act which puts or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service could put users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to Service or the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 to Clause 27.11 of this Schedule 2 have been met. The Authority may Council at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safetyrisk.

Staff. 5.1 Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. . 5.2 The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. . 5.3 The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. . 5.4 The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. : 5.5 The Supplier shall: : 5.5.1 employ only those Staff who are careful, skilled and experienced in the duties required of them; : 5.5.2 ensure that every member of Staff is properly and sufficiently trained and instructed; ; 5.5.3 ensure all Staff have the qualifications to carry out their duties; : 5.5.4 maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s 's expense) in respect of the Staff; and and 5.5.5 ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. . 5.6 The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s 's staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. . 5.7 The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: : 5.7.1 are questioned concerning their Convictions; and and 5.7.2 obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. . 5.8 The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s 's cost and expense. . 5.9 The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s 's prior written consent if: : 5.9.1 the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 5.7.1 of this Schedule 2; ; 5.9.2 the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 5.7.2 of this Schedule 2; or : or 5.9.3 the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 5.7.2 of this Schedule 2. . 5.10 In addition to the requirements of Clause 27.7 5.7 to Clause 27.9 5.9 of this Schedule 2, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: : 5.10.1 warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; ; 5.10.2 warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and and 5.10.3 shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. . 5.11 The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s 's written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. . 5.12 The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 5.7 to Clause 27.11 5.11 of this Schedule 2 have been met. . 5.13 The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s 's concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety.

Staff. Subject to the requirements of this Contract and any Law, the Supplier shall be entirely responsible for the employment and conditions of service of Staff. The Supplier shall ensure that such conditions of employment are consistent with its obligations under this Contract. The Supplier will employ sufficient Staff to ensure that it complies with its obligations under this Contract. This will include, but not be limited to, the Supplier providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence. The Supplier shall use reasonable endeavours to ensure the continuity of all Staff in the provision of the Services and, where any member of Staff is designated as key to the provision of the Services as set out in the Specification and Tender Response Document Document, the Order Form or as otherwise agreed between the Parties in writing, any redeployment and/or replacement of such member of Staff by the Supplier shall be subject to the prior written approval of the Authority, such approval not to be unreasonably withheld or delayed. The Supplier shall ensure that all Staff are aware of, and at all times comply with, the Policies. The Supplier shall: employ only those Staff who are careful, skilled and experienced in the duties required of them; ensure that every member of Staff is properly and sufficiently trained and instructed; ensure all Staff have the qualifications to carry out their duties; maintain throughout the Term all appropriate licences and registrations with any relevant bodies (at the Supplier’s expense) in respect of the Staff; and ensure all Staff comply with such registration, continuing professional development and training requirements or recommendations appropriate to their role including those from time to time issued by the Department of Health or any relevant regulatory body or any industry body in relation to such Staff. The Supplier shall not deploy in the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially, place the health and safety of the Authority’s staff, patients, service users or visitors at risk unless otherwise agreed in writing with the Authority. The Supplier shall ensure that all potential Staff or persons performing any of the Services during the Term who may reasonably be expected in the course of performing any of the Services under this Contract to have access to or come into contact with children or other vulnerable persons and/or have access to or come into contact with persons receiving health care services: are questioned concerning their Convictions; and obtain appropriate disclosures from the Disclosure and Barring Service (or other appropriate body) as required by Law and/or the Policies before the Supplier engages the potential staff or persons in the provision of the Services. The Supplier shall take all necessary steps to ensure that such potential staff or persons obtain standard and enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) and shall ensure all such disclosures are kept up to date. The obtaining of such disclosures shall be at the Supplier’s cost and expense. The Supplier shall ensure that no person is employed or otherwise engaged in the provision of the Services without the Authority’s prior written consent if: the person has disclosed any Convictions upon being questioned about their Convictions in accordance with Clause 27.7.1 6.1 of this Schedule 213 of these Call-off Terms and Conditions; the person is found to have any Convictions following receipt of standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) in accordance with Clause 27.7.2 6.2 of this Schedule 213 of these Call-off Terms and Conditions; or the person fails to obtain standard and/or enhanced disclosures from the Disclosure and Barring Service (or other appropriate body) upon request by the Supplier in accordance with Clause 27.7.2 6.2 of this Schedule 213 of these Call-off Terms and Conditions. In addition to the requirements of Clause 27.7 6 to Clause 27.9 8 of this Schedule 213 of these Call-off Terms and Conditions, where the Services are or include regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 the Supplier: warrants that it shall comply with all requirements placed on it by the Safeguarding Vulnerable Groups Act 2006; warrants that at all times it has and will have no reason to believe that any member of Staff is barred in accordance with the Safeguarding Vulnerable Groups Act 2006; and shall ensure that no person is employed or otherwise engaged in the provision of the Services if that person is barred from carrying out, or whose previous conduct or records indicate that they would not be suitable to carry out, any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall ensure that the Authority is kept advised at all times of any member of Staff who, subsequent to their commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Supplier or whose conduct or records indicate that they are not suitable to carry out any regulated activities as defined by the Safeguarding Vulnerable Groups Act 2006 or may present a risk to patients, service users or any other person. The Supplier shall only be entitled to continue to engage or employ such member of Staff with the Authority’s written consent and with such safeguards being put in place as the Authority may reasonably request. Should the Authority withhold consent the Supplier shall remove such member of Staff from the provision of the Services forthwith. The Supplier shall immediately provide to the Authority any information that the Authority reasonably requests to enable the Authority to satisfy itself that the obligations set out in Clause 27.7 6 to Clause 27.11 10 of this Schedule 2 13 of these Call-off Terms and Conditions have been met. The Authority may at any time request that the Supplier remove and replace any member of Staff from the provision of the Services, provided always that the Authority will act reasonably in making such a request. Prior to making any such request the Authority shall raise with the Supplier the Authority’s concerns regarding the member of Staff in question with the aim of seeking a mutually agreeable resolution. The Authority shall be under no obligation to have such prior discussion should the Authority have concerns regarding patient or service user safety. The Supplier shall test its Business Continuity Plan at reasonable intervals, and in any event no less than once every twelve (12) months or such other period as may be agreed between the Parties taking into account the criticality of this Contract to the Authority and the size and scope of the Supplier’s business operations. The Supplier shall promptly provide to the Authority, at the Authority’s written request, copies of its Business Continuity Plan, reasonable and proportionate documentary evidence that the Supplier tests its Business Continuity Plan in accordance with the requirements of this Clause 14 of this Schedule 13 of these Call-off Terms and Conditions and reasonable and proportionate information regarding the outcome of such tests. The Supplier shall provide to the Authority a copy of any updated or revised Business Continuity Plan within fourteen (14) Business Days of any material update or revision to the Business Continuity Plan.